ALOK AND ANOTHER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition is aimed at setting aside the order of the Judicial Magistrate First Class, Sanwar in Criminal Trial No. 434 of 1982 of 12-7-1984, charging the petitioners with violation of Sec. 7(1) and made punishable under Sec. 16(l)(a)(i) of the Prevention of Food Adulteration Act.

(2.) The facts alleged against the petitioners in short are that on 29-5-1982 when Manohar PW.1 who is a Food Inspector, went to the establishment of Flour and food Limited situated at Mangalia, he bought from the petitioners, who arc respectively Manager and Secretary of chat establishment, sample of the resultant atta for the purpose of its being ascertained whether it was adulterated. After following the usual procedure of dividing the bought sample into three equal parts, one of the parts of the sample was sent to the Public Analyst who vide his report (Ex. P. 10) found that though it conformed rooter aspects to the standard not with regard to Ash insoluble in dilute HCI whit h should not have been more than (on dry weight basis) 0.15 per cent was in fact 0.2 per cent.

(3.) When prosecuted before the Judicial Magistrate First Glass, Sanwar, at the stage of possible framing of the charge against, the petitioners it was contended thatresultant atta was not among one of the articles for which standard had been prescribed under the rules made under the Prevention of Food Adulteration Act. The contention did not find favour with the learned Magistrate with the result that the petitioners came to be none the less charged with violation of Sec. 7(1) and made punishable under Sec. 16(1)(a)(i) of the Act.